← Library
Madras High CourtCRL OP(MD)/9214/2025allowed

Chinnavettai v. The State Of Tamil Nadu

2025-06-04Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Chinnavettai, S/o.Periyasamy (*) 2.Valathiyammal, W/o.Chinnavettai ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, M.Kallupatti Police Station, Madurai District.

(Crime No.42 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Manojkumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.42 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 115(2), 351(3) of BNS, 2023 read with Section 4 of Women Harassment Act in Crime No.42 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is the mother of the 1st petitioner. On 22.05.2025 at about 4.30 p.m., the accused persons went to the place of the de-facto complainant and made quarrel with regard to a pathway dispute. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged occurrence as stated by the prosecution, and they have been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the injured was treated only as an outpatient. He further submits that the investigation of this case is pending. Hence, he opposed to grant anticipatory bail to the petitioners.

2/5

5. Considering the facts and circumstances of the case, and also taking into account of the fact that the injured was treated only as an outpatient, this Court is inclined to enlarge the petitioners on anticipatory bail.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Peraiyur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Peraiyur and on further conditions that:

(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of thirty days and thereafter, as and when required for the interrogation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

3/5

(d) the petitioners shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS.

sd/- 04/06/2025 (*)Amended as per the order of this Court dated 01/07/2025 made in CRL MP(MD) No.8250 of 2025 in CRL OP(MD) No.9214 of 2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

To be substituted to the order which is already despatched on 13/06/2025 MKN TO 1 THE JUDICIAL MAGISTRATE, PERAIYUR, 2 THE CHIEF JUDICIAL MAGISTRATE 4/5

MADURAI.

3 THE INSPECTOR OF POLICE, M.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9214 of 2025 Date :04/06/2025 NM/11.06.2025 5P/5C HPS/14.07.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5